Volunteers of America-Greater New York, Inc. v. Almonte

Decision Date05 October 2007
Docket NumberNo. 2006-1548 K C.,2006-1548 K C.
Citation17 Misc.3d 57,2007 NY Slip Op 27423,847 N.Y.S.2d 327
PartiesVOLUNTEERS OF AMERICA-GREATER NEW YORK, INC., Respondent, v. MANUEL ALMONTE, Appellant.
CourtNew York Supreme Court — Appellate Term
OPINION OF THE COURT MEMORANDUM.

Final judgment reversed without costs and petition dismissed.

Landlord Volunteers of America-Greater New York, Inc. operates the city-owned building in which tenant resides pursuant to a contract with the City of New York Department of Homeless Services (DHS). The contract requires landlord to operate the building as a single room occupancy (SRO) facility to provide SRO housing and support services to 174 homeless adults referred to landlord from DHS' homeless system. The contract prescribes in detail such things as the makeup of the tenant population (the building should include "53 persons with a history of mental disorder"), the services and minimum furnishings which are to be provided, the utilization rate requirements, landlord's monthly reporting requirements and how the rent is to be set and paid. The contract also specifically provides that landlord "is responsible for using, and renewing annually, the DHS approved tenant lease, which describes the terms of the tenancy."

Tenant, who has "a history of mental disorder," has resided in the building for eight years. Landlord commenced this proceeding, asserting in the petition that tenant entered into possession pursuant to an oral agreement and remained in possession, after that agreement's expiration, as a month-to-month tenant. The petition does not allege the existence of the governing contract or a cause for the eviction other than the termination of the month-to-month tenancy. Tenant's attorney was not aware of the contract's existence until this litigation was well under way, and, upon learning thereof, objected to the sufficiency of the petition. After a default final judgment was vacated (on the ground that it was entered while tenant did not have a guardian ad litem) and a trial held, the housing court awarded landlord a final judgment, ruling, among other things, that the petition was not inadequate. We disagree, reverse the final judgment, and dismiss the petition.

RPAPL 741 (4) requires that the petition state the facts upon which the summary proceeding is based. Where, as here, the tenancy is subject to a specific form of regulation, albeit in the form of a government contract, the petition must set forth the regulatory status of the premises, because this status may determine the scope of the rights of the parties (see 433 W. Assoc. v Murdock, 276 AD2d 360 [2000]; 17th Holding v...

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33 cases
  • 125 Court St., LLC v. Nicholson
    • United States
    • New York Supreme Court — Appellate Term
    • December 20, 2019
    ...v. Williams , 38 Misc. 3d 35, 959 N.Y.S.2d 798 [App. Term, 2d Dept. 2d, 11th & 13th Jud. Dists 2012] ; Volunteers of Am.-Greater NY, Inc. v. Almonte , 17 Misc. 3d 57, 847 N.Y.S.2d 327 [App. Term, 2d Dept. 2d & 11th Jud. Dists 2007], affd 65 A.D.3d 1155, 886 N.Y.S.2d 46 [2009] ).Landlord's a......
  • Pri Villa Ave., L.P. v. Cocchia
    • United States
    • New York Civil Court
    • September 10, 2021
    ...( Matter of Volunteers of Am.-Greater NY, Inc. v. Almonte, 65 A.D.3d 1155, 886 N.Y.S.2d 46 [2d Dept. 2009], affg 17 Misc. 3d 57, 847 N.Y.S.2d 327 [App. Term, 2d 2007] ; see Cintron v. Pandis, 34 Misc. 3d 152[A], 2012 N.Y. Slip Op. 50309[U], 2012 WL 603746 [App. Term, 2d Dept. 2012] ). A pet......
  • Bennett v. Brooks
    • United States
    • New York City Court
    • October 1, 2021
    ...( Matter of Volunteers of Am.-Greater NY, Inc. v Almonte , 65 A.D.3d 1155, 886 N.Y.S.2d 46 [2d Dept 2009], affg 17 Misc 3d 57, 847 N.Y.S.2d 327 [App Term, 2d 2007] ; see Cintron v Pandis , 34 Misc 3d 152[(A]), 950 N.Y.S.2d 490, 2012 N.Y. Slip Op. 50309[(U]) [App Term, 2d Dept 2012] ). A pet......
  • Westchester Gardens, L.P. v. Lanclos
    • United States
    • New York Civil Court
    • March 17, 2014
    ...of the parties” and “enable the tenant to interpose whatever defenses are available” (Matter of Volunteers of Am.–Greater NY, Inc. v. Almonte, 17 Misc.3d 57, 847 N.Y.S.2d 327 [AT 2d & 11th Dist. 2007], affd.65 A.D.3d 1155, 886 N.Y.S.2d 46 [2009];see Cintron v. Pandis, 34 Misc.3d 152[A], 201......
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1 books & journal articles
  • B. Holdover Proceedings Holdover Proceedings
    • United States
    • New York State Bar Association Practical Skills: Residential Landlord-Tenant Law & Procedure (NY) IV Conveying the Tenancy
    • Invalid date
    ...with premises, and tenant had due process right to notice of reasons for eviction); Volunteers of Am.—Greater N.Y., Inc. v. Almonte, 17 Misc. 3d 57, 59, 847 N.Y.S.2d 327 (App. Term, 2d Dep't 2d & 11th Jud. Dists. 2007), aff'd, 65 A.D.3d 1155, 886 N.Y.S.2d 46 (2d Dep't 2009) (finding that ci......

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